Judge throws out lawsuit challenging Chicago's red light cameras

A red light camera monitors the intersection of Western Avenue and Van Buren Street in Chicago. So far the city has prevailed in legal challenges to its red light camera program. (Anthony Souffle / Chicago Tribune)

A class-action lawsuit seeking to end Chicago's embattled red light camera program and to reimburse drivers for hundreds of millions of dollars in fines was tossed out Friday by a Cook County judge who ruled that the program "passes constitutional muster" and the challenge was without legal basis.

The suit argued that the city had violated the state constitution when it launched the robotic camera program in 2003, three years before seeking approval from the state legislature.

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But in a 39-page opinion, Circuit Judge Rita Novak ruled that the administration of Mayor Richard Daley had acted within its authority, agreeing with city lawyers that Chicago's home rule power allowed the program.

She also said that none of the three remaining plaintiffs in the case had received a ticket prior to 2006, when the legislature passed a bill allowing red light camera programs in the state's eight most populous counties.

"Accordingly, for reasons that are set forth in detail below, the city's … motion (to dismiss the case) is granted, and the complaint is dismissed in its entirety, with prejudice," Novak wrote.

The judge noted that the case was one of "several civil lawsuits challenging the program's legality under a variety of theories." All were filed in the wake of a series of Tribune stories that uncovered bribery, mismanagement and unfair ticketing practices dating to the beginning of the program.

"The cameras have been controversial since their installation," Novak wrote, "and in recent years they have been tied to a high profile bribery scandal, criminal indictments, and convictions. In separate proceedings, the City itself claims that the cameras' original vendor, Redflex Traffic Systems Inc., fraudulently obtained the contracts to implement the program."

Novak said none of those issues is relevant to this case, originally filed in 2012 on behalf of five ticketed motorists who challenged the legality of the program on constitutional grounds.

"In this case, plaintiffs do not challenge the city's implementation of the program or compliance with its legislative requirements," Novak wrote. "Rather, they challenge the constitutionality and/or legality of the program's entire legislative foundation."

Novak also tossed out a later claim made in the case that challenged tickets issued at intersections where the yellow light was shorter than the three-second federal standard.

Chicago attorney Patrick Keating, who filed the lawsuit, declined to be interviewed Friday. "We have not had time to review (the ruling) and have no further comment today," he said in an email.

Stephen Patton, the city's top lawyer, said in an emailed statement: "We are pleased that the court dismissed this lawsuit and found the red light automated enforcement program to be legal and constitutionally sound."

Another suit filed by Keating that made many of the same claims reached the Illinois Supreme Court in November 2014 after being dismissed in an appellate court.

But the high court did not issue an opinion in the case for lack of a quorum, an exceedingly rare occurrence. Two justices — including Anne Burke, the wife of powerful Chicago Ald. Edward Burke, 14th — recused themselves without explanation.

That meant the appellate court ruling against Keating's claims was upheld.

Attorneys for the city of Chicago asked Novak to throw out the other suit as well, arguing that they should not have to litigate the same issues repeatedly. Novak refused, ruling in July that the plaintiffs in this case also deserved their day in court.

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Novak now has dismissed their suit, but another case that challenges the legality of the red light camera program is proceeding to trial.

In February, Chancery Division Judge Kathleen Kennedy refused the city's request to toss out a case challenging specific procedures the city uses to issue tickets. The suit alleges that state law requires the city to send out second notices to ticketed drivers who do not pay and that the city illegally shortened the grace period on paying or challenging tickets from 25 to 22 days.

In addition, the city has filed suit against its former vendor, Redflex, seeking more than $300 million for the company's fraudulent operation of the program.

A former City Hall manager who oversaw the program was convicted in federal court in January of taking cash bribes from Redflex for each of the 384 cameras he ordered installed throughout the city. The company's former chief executive has pleaded guilty in the case.